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What hearsay exception (if any) allows for a 911 call to be played for a jury without the caller present to testify? I'm thinking it's a present-sense impression and as long as the proper predicate is met, I would be OK?


Arron P. Swink
Assistant County Attorney
Cherokee County, Texas
903.683.2423
apswink@cocherokee.org
 
Posts: 36 | Location: Rusk, Texas  | Registered: January 26, 2017Reply With QuoteReport This Post
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Hearsay objections to 911 recordings have been repeatedly rejected. One recent example: "Because Woods described and explained the events as they were happening, and as she was hearing and perceiving them, the trial court could have reasonably determined her statements in the recorded 911 call fell within the hearsay exception of present sense impression. See Reyes v. State, 314 S.W.3d 74, 78 (Tex. App.-San Antonio 2010, no pet.). Further, on this record, Woods's testimony, as referenced above, provided ample evidence to support a finding by the trial court that the recording of the 911 call contained Woods's present sense impressions of the events transpiring in the apartment." Chatman v. State, 05-18-00020/22-CR (Dallas Dec. 19, 2018).
 
Posts: 2326 | Registered: February 07, 2001Reply With QuoteReport This Post
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To join what Martin said, the USSC determined such calls are not testimonial under the confrontation clause in Davis v. Washington, 547 U.S. 813 (2006).
 
Posts: 23 | Registered: December 05, 2016Reply With QuoteReport This Post
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